thank you for being here. see you tomorrow. bye! note ♪ ♪ welcome to "red eye." it is like growing pains if by pains you mean an extra toe. let's go to andy levy for a pre game report. what is coming up on the big show? >> on the big show, did hillary clinton answer all of the questions that left four americans dead? what difference at this point does it make? and did the notre dame line backer manti te'o lie about his fake girlfriend being dead? what difference at this point does it make? and finally is mayor bloomburg's fam racist? what point does it make? >> you disgust me.

you have a chance to say -- >> let's start this over. do the rest of the show and then we hillary tap it at the end. >> we will just do it for ourselves. >> cool. >> see you, you jerk. she is so british she lives in a crumpet. it is imogen lloyd webber. her later book is called "the twitter diaries" and if hilarity was a trendy nightclub i would enter him from the rear when no one is looking. it is dan soder and he is considered a garnish. it is bill schulz. and he is so sharp he poops darts. sitting next to me daily beast cultural news editor michael moynihan. and he is a big jerk, blah, blah, blah, pinch. >> how tourists can avoid the traps in rome. that's all the news that's fit to print in italian. intern porch, do you know words in italia?

>> chef-boy-r-dee. >> okay, that's an american canned food. >> mario and luis gee. >> those are two nintendo created stereo type. >> claw midyaw. >> that might be italian. >> that's pretty bad. >> a block. the lede. that's the first story. >> it is not getting any better. >> educational. >> i keep retiring it, and it keeps coming back just like the al paw chino -- al pacino of talking newspapers. the federal court of appeals has spoken in indiana law from banning social networks is deemed unconstitutional. the court ruled indiana, the state, went too far in banning creeps from using facebooks and other sites that allows minors saying it unreasonably restricted their first amendment rights. they noted that, quote, the indiana law targeted more

activity than the evil it seeks to address. indiana's attorney general does does -- doesn't know if the state will appeal, but says it is outweighed convicted sex offenders to troll social media for information. meanwhile, this is is still illegal. >> that's why the internet is invented, for dogs. it was for dogs that deserved it. you are a libertarian. >> can we start this show over again? i miss pronounced moynihan's name. >> i have only been on the show a hundred times. you are a dad so you have no

problem with sex offenders to have the potential to contact a child on a social network. that doesn't make sense to me. in a way that makes you an awful father and perhaps your children should be taken away. >> i haven't even answered yet. you did introduce me as a sex offender and a dad. i appreciate that. so as the only sex offender on the panel as far as i know, bill, you know, i do think that the aclu is right about this. there are stipulations when people get out of prison or when they go to prison that they can't use the internet, et-cetera. they haven't committed a crime. it is incumbent upon parents to not let their children be using facebooks and be troiled or whatever the phrase is by people like me. >> this is the point, imogen,

that he is making for me. people say it is responsible for families to protect their children, but in these days children keep this stuff from their parents. this is something like parents can't keep up with, so they don't have any idea that there is a guy who is pretending to be your 14-year-old daughter's friend when in fact he is a 60-year-old janitor who lives down the street. >> absolutely. i still think it is true that studies show that most kids who do have this done to them know their offender. there is that, and in britain, we have court cases like this and there are privacy laws like this, but in allowing the sex offenders on some levels free rein. >> here is the deal. i am troubled by this, but i keep thinking if they troll on facebook rather than a real street it creates another level of effort of contact which gives law enforcement

more potential to catch them before they do something. if a guy goes on the street and nabs a kid you find out after the fact. if they are on facebook you might get them beforehand which is a good thing. there may be more options for that to happen. i am now talking my way into a dead end. say something funny, but not inappropriate. >> my head hurts. >> my head hurts a lot. >> what do you feel on it? >> i feel like we could -- we just need to shutdown the internet. what would happen if we did that? >> books would be read. people would start writing letters again. i would not spend so much time looking at kate upton pictures. >> you know what though, it is true.

>> and people would go out and do this in the fresh air. >> and then we could shoot them like deer. >> human hunting. >> everyone knows the best game is human. >> the most dangerous game. >> what we are talking about is unintentionally going to a candy store. they post pictures of kids and the only way they would see it is the guy that would develop the pictures at the drugstore. and now people put their pictures up there and they have no idea that people are not like you i almost said that, but then held back. >> i am actually weirded out by that. >> what i am saying is the first amendment argument, they had no idea that we would be in a situation like this. you have an electronic medium. -- >> hold on. didn't you make the anti-gun argument? >> you did. >> no, i am going to make that

argument after i let bill talk. >> i think you have just -- what you did is single handedly besmirch and compare them to robin williams with a bad dye job. >> i hated that movie. >> he can really do more than comedy. >> to the gun thing, what if they were gun owners. the media would be fine with this. they would say -- the argument would be should you be notified if a gun owner be friends your kid on facebook? you though that people would be going -- >> are you calling on me? >> that doesn't make any sense. >> you are making complaints of the media. >> there is a double standard. >> it is my show now. >> that said, i am on the side of the first and second amendment. we can't pick and choose, and they are out of prison and

they do have their free speech rights. a crime has been committed. >> you have to wait for them to entice your kid before you can do anything. that's the way we live. >> if you are a convicted sex offender you are not allowed on facebook. >> i am on facebook. >> there you are. >> are you not. >> i am not on facebook. that's for personal reasons only. for the record you are on as michelle moynihan, all of you parents should know that. >> why can't there be a notification? >> a sex offender friended your kid? >> yes. >> that's the weirdest notification. >> it just says friend request and then says sex offender. that solves the problem. >> a big mustache? a guy sitting on a couch? >> the symbol would be a cartoon ice cream truck.

that makes total sense. >> i say we shutdown the internet. >> you are more of the kim jong-il. >> you will not comment on my youtube clips. you are the devil. >> you would agree with me. we have a problem with sex offenders now where if you p pee -- you can be labeled as a sex offender for public your nation. >> as somebody who likes whisky, that's the biggest problem. >> that scares me. i will not go to any outdoor event that has drinking and not a bathroom nearby. i don't want to get arrested. >> that's not for peaking outside. >> am i hanging out with four george michaels? >> i am a little confused. >> public your nation in some -- urination in someplaces is a sexual

offense. it is exposure. >> in new york. >> it is a bigger offense to hold it. it is a perm uh -- a personal infence to hold it. >> it is an injustice. >> let my urine free. >> there are probably other things under that umbrella that are equally as ridiculous. but you have to figure out what are the crazies and what aren't the crazies. if a 15-year-old boy hooks up with a 15-year-old girl he is a sex offender, correct? >> well, like 17-year-olds. if it was 17 to 15. >> before i come up with these questions i should do my research. from pervs to politics. she had the gal after dropping the ball. on tuesday hillary clinton put the teste in testimony roaring over the handling of the benghazi attack. the secretary of state engaged in a particularly fiesty and

emotional exchange with a number of senators. >> when we look at the outstanding secretary of states in our history of our country, you will be right up there at the very, very top. you have been indispensable to all of us and i want to thank you personally and be half of -- on behalf of all of the americans, democrats and republicans. we want to thank you. >> first i would like to thank you for the truly remarkable job. you have represented the interest of this nation magnificently. >> i want to offer my sincere and grateful attitude. and you are feeling much better. >> thank you for your most eloquent statement. >> your service to our nation is exemplary and outstanding. >> first i want to thank you for an extraordinary daughter. >> thank you, madam secretary for your extraordinary service to our country that has earned

you the deep respect and admiration of people all over the world. >> i haven't seen that many thank yous since i toured the thank you factory. they are known for it. >> yes, they are. >> can we play the right tape? >> we were misled that there was supposedly protests and then something sprang out of that, an assault sprang out of that. that was easily ascertained that that was not the fact. the american people could have known that within days and they didn't know that. >> with all due respect, the fact is we had four dead americans. was it because of a protest? was it because of guys out for a walk one night and decided to kill americans. what difference at this point does it make? it is our job to figure out what happened and do everything we can to prevent it from ever happening again. >> that was senator johnson better known as senator ron johnson. clinton acknowledged they didn't have a clear picture of what happened. the officials did a poor job of explaining the lack of

clarity which is why we should move forward and forget it ever happened. moynihan, what difference does it make whether it is a protest or a terror act? is that what she is saying? it doesn't matter? >> she added that, what difference, right now, does it make? well it makes a huge difference now. it made a huge difference then , primarily because you have a guy in california who is in jail and was accused of fomentg a riot that killed four americans. it was pinned on him. beyond the national security implications on why this matters and all of the details that were lied about, -- i will say it was a remarkable performance. she was stonewalling, mow-mowing, and the response is you have this absolute symphony. it was like a meeting of the north korean bureau. it is like, dear leader, your

shoes look brilliant. i thought it was a joke. >> it was incredible. i love the fact that she perfected the way of accepting responsibility to absolve cul paw built. it is like saying yes weerks are responsible. let's move forward. it is like a spouse getting busted for e-mailing an exgirl friend. you are right. this is a terrible thing. in a way it has affected both of us. we should really just move on. i honestly can't believe how this has affected us. that situation that just happened. not going to say it won't happen again. i want to go to you, imogen. isn't this proof that as you get older you accrue wisdom and respect you didn't have before? hillary was thanks to bill a big joke and now she is a states woman because she is hanging around. >> but also skill. i was in awe today. my first ever girl crush was

margaret thatcher. she used to own it in a room of men. it is hard being the only girl in a room of men. and thatcher always owned it. clinton today absolutely owned it. >> wasn't it easy when every guy is saying thanks for your great service? >> every other guy. >> but wait, they are jerks on both sides. >> i don't like that argument anymore. >> ron paul said if i were president i would fire you. that was completely -- do you remember any democrat saying that to condoleezza wright? >> that was terrible. you would never be president. that squirrel was stapled to your head. >> that is a sound political argument, bill. that is uh maisessing. that was amazing. >> our views are eager to hear your thoughts on hillary and ben go -- and benghazi. >> you can check out my political blog. i go through c-span.

i don't sleep. i just watch c-span. >> it is like a modern political spin. i love watching people come unglued and watching hillary get mad i haven't seen it since i was a waiter and forgot to change someone's order. i am severely allergic to onions and they bring it out and i'm like, there are onions! why are there onions! >> what does it matter at this point? >> i love it when she said we were just being careful. when she was being careful she was jumping to conclusions. the whole point about why blame the video is she threw the united states under the bus when she should have said you [bleep] are the ones. >> you also heard today the crunching sounds of the body of susan rice being run over by the bus repeatedly. it is like, well i wasn't involved in the talking points. there was a lot of shifting of

blame. >> i don't like talk shows. remember she said that? >> that is a great response. let's fault republicans here too. >> no, no, no. >> "red eye" is always fair. >> it reminded me of the norm coleman debate who is one of the worst in the world. he won the debate and he is a fashist. he supports the bathe and the rest of it. but he won the debate. he was a spine less jellyfish. i followed a story and was reporting it and texting me saying can you believe the missed opportunity? >> it was ridiculous. >> the one clip was the only aggressive moment. >> that's what -- that and ron paul were the only things. >> mccain. >> mccain was -- >> there were three. >> bob corker said they gave up after they killed osama.

>> that's your strategy is it not? >> i don't mean they weren't hard on her, but they were stupid about how hard they were. they were missing so many points. >> i liked when everyone was nice and they were saying she did good. >> hillary, i loved your first album. when are you doing another one? >> you were great singing back up. >> how many pigeons can you stab in the eye with a pencil? congratulations. >> first, what is the latest on manti te'o. i almost pronounced his name correctly.

did the football star know she was an avitar? manti te'o said he briefly lied after learning his girlfriend was a girl fraud but maintain he's played no parts in the hoax. the love sick line backer admitted to katie couric, he found out kekoa didn't exist on december 6th, but mentioned her in an interview a couple days later when he was still, like me, a finalist for the heisman. have a listen, listen havers. >> you stuck to the script and you knew something was a miss, manti. >> correct. >> why? >> if anybody puts yourself in my situation -- katie, put yourself in my situation. my whole world told me she died on september 12th. everybody knew that. this girl who i committed myself to died on september 12th.

now i get a phone call on december 6th saying she is alive and i am going to be put on national tv two days later and they ask me about the same question, what would you do? >> elsewhere two kittens confront a kitchen appliance. so we haven't had you on while this story broke. frankly i needed your opinion. is manti, awesome name, a victim, or are you the victim? >> i'm the victim. >> i want to know what love is. i wants you to show me, manti. i will tell you this is the funniest thing ever. this happened to mooy in 6th grade -- to me in

6th grade and i stuck with the story. what would you do if you were in my shoes? if you are at the bus stop and everyone is grilling you that if your girlfriendly anne from littleton was not real. she was real to me. she moved to kansas. that's what everyone at the loredo middle school bus stop thought in 6th grade and i stick with it. >> they are going to find a grizzly burial ground in your backyard. >> it is just teeth and hair at this point. >> that's how they identify them. >> are you a big fan of football, but the wrong kind of football. >> well, futball as in soccer. >> how do you assess this situation as a woman? >> well, first of all my big nugget of internet was katie couric won the interview because she shared a pr with

the manti guy. >> the manti and it is pronounced football with a helmet. >> my next question is because i am a foreigner, notre dame is a university that is prestigious. >> yes. >> and this tabi is like at the university? >> yes. >> does he have to take a test like a reading and writing test to get in? >> clearly not. >> there is something in this country called the 40. if you can run it under four and a half seconds test scores really don't matter. >> if you can drink one in four and a half seconds you don't go to college at all. >> by the way, if he went to college like a normal person, not a football player, he could have used what he got at college to defend himself. it is my truth. nobody can own my truth. truth is a relative concept. so manatee --

>> manti. >> so he can. >> that's a different guy. >> bill, you own a manti which you wear on fridays in chelsea. explain to me your thoughts. >> if there is any pictures of me wearing the man tie, julio get them off the internet. the thing about masapiqua, he is using now his defense is hire is a receipt for when my girlfriend died. he is a receipt from 1-800-flowers of me sending a $30 bouqet to her funeral. say you weren't in on the hoax because this looks 10 times better. your girlfriend dyes of -- dieses of cancer and you don't even go to the funeral. you call up and get her $30 worth of flowers. this guy i can't feel bad for him because it is idiotic. >> i only have a few seconds.

here is my theory. i have to defend him through a combination of youth and inexperience, strong religious background, a mormon, and maybe he lived a sheltered life as a saw mow can and maybe -- he is a shy kid. i think he is a shy kid and unfamiliar with dealing with women on the web. he didn't see that he was being messed with. i think this is actually just a fiewr gullible -- a pure gullible naive tee. >> i would take his side if i didn't lose so much money on the national championship game. >> there you go. >> and you have no one to manatua to blame for this. >> i say leave the poor kid alone. she probably embarrassed over making a mistake. that's the way i see it. what do i though? i am just some guy in a pink shirt. got a video of your animal doing something? anything? click on submit a video and we might use it. still to come, the half time

report from andy levy. he has six imaginary girl ends from. >> tonight's half time report is sponsored by portrait, the likeness of a person usually as a drawing or photograph. thanks, portrait.

let's see if we have anything wrong. for that we go to andy levy. hey, tv, andy. >> hey.

>> not asking you. not asking you. jay asking me what? >> how you are? >> i'm fine, thanks. >> i said i'm not asking you. >> you did. >> i didn't. >> what are you not asking me? >> a court of appeals strikes down the ban on sex offenders using social networks. you seemed upset greg introduced you as a sex offender and a dad. it was the dad part. >> i don't want the kids to know that. jay you don't want any of the ladies -- >> you don't want any of the ladies that may be watching. >> the ladies that watch, i though them all by name. >> move on, andy. >> imogen, you said britain is following america in allowing sex offenders on social net, woulds? is that correct? or in stoping them? >> we tried to stop them. but then the courts overturned the rules. >> that's hard to believe. >> that's why i was

surprised. >> they also have quite possibly the guinness book of world records pedophile. >> but he was a great entertainer. >> he looked like jackie rogers junior. >> and gary glitter. >> and we start with the hair. >> greg, you said splg -- you said something about when the first amendment was written it wouldn't apply to things like this? >> yes. >> welcome to piers morgan tonight. >> i was cutoff before i was -- we are talking about -- >> before you could dig the hole deeper? when you talk about guns, nothing has changed. >> nothing except for everything. >> the second amendment only applies to muskets i am told. >> people aren't the only

things that got bigger from 200 years ago and quicker. >> you seem to think this is a clear cut first amendment case, but i think it is actually not. what the appeals court decided was they were too broad because it limited access to ideas and the vast majority of facebook activity is iicit. iillicit. the ruling doesn't prohibit the that it can be part of a term of a released. >> i think the case they argued was there was no restrictions on this guy who filed the lawsuit. you couldn't restrict his free speech rights. i don't know what you get the sentence for. >> just research. >> greg, you brought up the point that has been made by me on previous shows that the term sex offender can include public your nation.

public urination. here is what was silly about indiana's law. it forbade sex offenders from joining sites with children on them. but it classes all sex offenders as the same. a guy who say raped an adult woman could use a social network as long as minors weren't on it. it makes no sense. >> i guess. >> sometimes you hit the ball back once and move on. >> hillary clinton's testimony. greg you talked about how hillary took responsibility to avoid cul paw built. >> yes. >> it is the janet reno. >> exactly. >> she took responsibility for what happened in waco. >> i know. i was acting stupid on purpose. >> hard to tell. >> dan i was unable to find your political blog. >> it is dan soder writes

about comedy every day . net. >> is that a dark net? >> i have been blacklisted by several sites. they don't like my honest and refreshing take. >> he is literally with you. >> you are part of the web that only can be accessed through beaver dams. >> i have been told i am the voice of a generation. a political voice. >> >> we talk all the time. i gave her notes on girls and she gives me notes on my coverage of c-span. >> that is redundant, right? >> she is a golden globe winner. >> i saw that joke about 45 seconds ago coming and just waiting for it from bill. >> from me you saw it coming? >> from me?

>> do you even watch the show, bill? >> which is this? >> "girls." >> yes, i saw the one last night. she is dating a black republican, don't you know. >> the show is on on sunday nights. >> you don't think hbo reruns it? >> moynihan you said hillary gave a remarkable performance. i haven't seen her this self-righteously angry since she made up stuff about her husband having sexual relations with monica lewinski. >> and there were people attacking her with stuff that was totally true. she gave a good performance, but it was like one of the mike tyson chump fights. getting out of prison and he fights like peter mcneilly. >> he was a great boxer and a ton of records. mcneilly was a ripe

contender. 90 seconds, i don't care. i will not sit next to this man if he is flinging mud. >> and dan soder has a fan site too. >> peter mcneilly and dan soder should have been friends. >> it is the unofficial site. >> the sadness is that he is a lone blogger on it. >> he is a contributor. >> maybe he can use a pseudonym. >> he did a nice right hook though. >> imogen, here is what i don't get. hillary does this thing where she says what difference does it make? it is our job to manage out what happened and do everything we can to prevent it from happening again. it is your job to figure out what happened, but what

difference does it make why it happened? >> it is the way she says it. it is the performance that counts. >> but it doesn't make sense. >> it doesn't matter. she got through it. >> she literally says it is our job to figure out what happened. it is in the same sentence as what difference does it make? >> you have to love her. >> he is like tyson mcneilly. >> he did a 1-2 and then went to the head. that was the same weekend they introduced stuffed crust pizza from pizza hut. >> how do you know that? >> because i love pizza hut. we'll talk about a deal. >> they contact you not as the sponsor.

>> does that really work? i love cocaine. so contact me. we'll work out a deal. >> i'll meet nut hall. >> i had no idea. i have been doing this for six years. >> manti te'o told katie couric he lied. dan, you said it happened to you in 6th grade and stuck with the story. you think he is in on it? >> spliewt leahy is in on it, absolutely. there is no way you -- an agent went to him and said do this for publicity and it will help with the heisman and you will be the first in the draft. i don't believe that somebody gets cactussed that bad. >> that's how i felt at first. as it has gone on i changinged over. i think he got hosed. >> then i think we need stronger restrictions in football. >> scanning the internet.

>> imogen, you said katie couric landed the interview because she shared a pr with manti. >> according to the website. >> you mean a publicist and not a puerto rican. i am done. >> was that necessary? >> it was necessary to apologize. >> a preemptive apology. >> what did i say that was wrong? >> it is my favorite state in the union. >> go and hang out with phil mickelson. >> maybe i will hang out with phil -- who? >> talking about puerto rico is a personal thingment. >> coming up, does travel broaden the mind? imogen lloyd webber on hunting large pandas in china. i can't believe they will let you do that.

first is new york city's soda ban racist. i would say yes, but i haven't read the story.

are americans down beat? according to a new gallup poll, we are as bummed about the state of the nation as we have been in three decades. as few as four in 10 are rating it on a scale of 1-10. the lowest since 1979. like wide, the americans are the least upbeat of where the country will be this five years since jimmy carter's presidency in the early 1930s. discuss, lets', the, in. >> lightning roooooouuuunnnnddd. lightning round. >> how could we be less happy when they didn't even have

cars? >> there were no cars. >> i think everybody -- the expectation they would be invented -- >> the whole thing is about promise and hope. >> it is about hope. everyone is hopeful as you can see from this study. the one thing i got out of this was that gal lop had nothing but utter contempt for the people. if you read the question they said "we would like to you imagine a ladder with steps." the lowest is 0 and the top is 10. tell me the number of steps in which the united states stands at the present time. that was the actual question. the whole thing should be thrown out based on that. it is ridiculous. >> it is ladderous. what if you don't know what a ladder is? we can send cat videos anywhere in the world. aren't we better off than we were? even if gas prices are $10 a gallon and there are still people that can't vote and we

still have cats? >> i think it is correlating to a certain level. you have to understand the greatest sports team of all time, the san francisco 49ers are about to be in the super bowl. and everybody knowss -- >> true, joe manhattan. >> a -- joe montana. >> a guy from notre dame. everything will be good. >> can you name the quarterback that was injured that allowed joe montana to play? >> i was negative 4. no i can't. i take that back. i was working on the carter administration. >> that was after watergate and things hashed out. >> i grew up with the 49ers and the oakland raiders and a harry guy named vic. he brought me to the games and did terrible things. imogen, you moved here so it can't be as bad as your silly

island nation across the popped. across the pond. >> it was a lot of effort to be here. the financial times puts you as the brightest spot in the world. you are doing everywhere else. >> 30 seconds in your book, be happy, america. you feel better about the country. >> it was about five years ago. the ladder thing is bad. you say at the top of the ladder it is good and the bottom is not good. you are sitting there and you are breathing heavily and are you looking rom what we eat. >> announcer: with over 200 pages in h

claims of using by logically enhanced soldiers may be a violation of international law. any super soldiers created with drugs, implants or exowe skeletons could be considered weapons themselves and subject to certain laws. it is arguable that article 36

of the geneva convention might be used for certain kinds of enhanced war fighters. there goes my magic orange sling shot but butt exploder. imogen, thoughts? >> like it ever stopped the pentagon before. that's why they couldn't dot petition thing. >> it is called 12/11, baby. >> next? >> dan, what lessons if any can we learn from the movie "universal soldier." >> that lungrin and john claude van dam can have one hell of a fight scene at the end. i was genetic clear engineered to be meed yolker. >> that keeps you off the battlefield which is amazing. >> the i don't know stuff. >> isn't this a violation of our rights? >> this is the stupidest thing

i have ever heard. i love the academic who started with the weasel word, arguable. 24r* are a lot of things arguable. >> there is an addition to the geneva convention that said extraordinary -- it was inhumane weapons. i don't know what is inhumane about an exoskeleten. >> all is fair in love and war which is why i wear an exoskeleten. >> he needs to learn his history. we will go back to world war ii. he was the first by logically engineered soldier. a, he got gorgeous. b, he went over to nazi germany ment -- over to the nazi germany. >> we will close things up with andy levy.

back to andy levy. post game wrap up. >> how is the tweeting going? >> please follow me because no one likes me. >> come on you have like eight million followers. >> ridiculous. what is your twitter address? >> dan where will you be this weekend? >> i will be at mcgwire's in bohemia new york on friday and saturday. >> where is bohemia? >> long island. >> mike? >> a bunch of stuff coming up, i will post-it on twitter at mcmoynihan. >> sounds thrilling. >> if you are not that excited about it, why should america be? sometimes i wonder. this segment is lame. >> we should change it up. how about something called one more thing? >> that would be a great idea. >> maybe i will do banned